CHAPTER2.

52
CIVILIANLAWENFORCEMENTREVIEWBOARD

TableofContents

Preface
...2

Sec.2521.Purpose,Powers,andDuties
.......3

Sec.2522.Establishment
7

Sec.2523.Filing,InvestigationHearing,andDispositionofComplaints
.10

Sec.2524.BoardMeetings,Officers,andBylaws
14
.
Sec.2525.PublicInformation,PeriodicReportsandAnalysis
....16

Preface

Public safety is a top priority forMemphisandShelbyCounty,andpublicsafetydependson

the community trustingandcooperating with the law enforcement agencies. For decades, civilian
oversight boards have beenimplemented aroundthecountrytoachievethisend,andresearchand
analysis of these boards have created identifiable bestpractices. Fundamentally,oversightboards
must be rooted in serving the community and their success depends on theboard's legitimacy in
1
formation, mayoral and police department support, and structure. This ordinance has adopted
best practices from around the nation and adapted them to the unique needs of Memphis. Local
needswereidentifiedinareportissuedbytheMidSouthPeaceandJusticeCenter,whichisbased
on a comprehensive audit of the current complaint processandinputfromcitizensofMemphisthat
was gathered during a comprehensive outreach program which included surveys and town hall
2
meetingsineverycouncildistrictandsuperdistrict.
Fundamentally, this ordinance focuses on legitimizing the process for investigating
complaints against officers and ensuring civilian input on police disciplinary and policy decisions.
The Board isrequiredtoprovideforaneasilyaccessiblecomplaintprocessandthenhasthepower
to fully investigate complaintsindependently of Internal Affairs. Thisincludesthe powertocompel
the production of documents and the appearance of officers byexercising subpoena power witha
majority vote. AttheconclusionoftheBoard'sinvestigation,theymustissuealetterthatcontainsa
summary of the complaint, investigation, factualfindings,andrecommendationsoftheBoardtothe
Chief of Police. The Chief, who retains full authority and autonomy over disciplinary and policy
decisions, must respond to the Board's letter explaining his or her decision. Both the Board's
recommendationandtheChief'sresponsemustbepublishedonawebsite.
The idea for thepublishing of letters was borrowed from the Atlanta Citizen Review Board.
The ACRB maintains a website where anyone can learn about the boardandtheirprocedures,file
3
a complaint, view meeting minutes, and review recommendations. This ordinance has adopted
and codified many of these decisions because they create transparency, help foster a dialogue
between law enforcement and the community, make the complaint process accessible, and
encourage law enforcement to cooperate with the board, all of which are important factors in
4
evaluatingaboard'seffectiveness.
Ultimately, law enforcement agencies are more likely to obtain civilian support and
5
cooperation when theyare sensitive to civilian input. This ordinance empowers civilians to make
their voices heard, but reserves decision making power to the Chief. In this way, it strikes an
effectivebalanceforimprovingpolicecommunityrelationshipsandpublicsafety.

KevinKing,
EffectivelyImplementingCivilianOversightBoardstoEnsurePolice
AccountabilityandStrengthenPoliceCommunityRelations
,12HastingsRaceandPoverty
L.J.91,at96
2
IncreasingtheEffectivenessoftheCivilianLawReviewBoard
,publishedbytheMidSouth
PeaceandJusticeCenterinFebruary2015
3 ACRBgov.org,see"ComplaintsReviewed"sectionforexamplesofpublished
recommendationsandresponses
4 King,at107
5 GaryCordner,
TheOxfordHandbookofPoliceandPolicing
,"Ch7:CommunityPolicing",
page154
1


Section2521.Purpose,Powers,andDuties

A.
Purpose
.
The Board is established to provideapermanentagencyintheCityofMemphisand
ShelbyCountythroughwhich:
1. Complaints lodged by members of the public regarding grievances including but not limited
to
a. excessive or deadly force, incidents resulting in the death or injury of persons in
policecustody,otherphysicalabuse,verbalabuse,harassment,improperprocedure,
arrest, search, and/or entry, inadequate response to investigation, intimidation or
threat,improperfirearmorvehicleuse,
b. thepoliciesofalawenforcementgenerally,OR
c. incidents of misconduct against individual police officers including those involving
profiling or language related to race, ethnicity, religion, gender, sexual orientation,
genderidentity,ordisability.
shall be processed, investigated under 2526 of this chapter, evaluated, and resolved in a
timelymanner.
2. The Board shall advise the City and County Mayor, President of the Council, Council
Members and the Chief of Police/Sheriffs on policies and actions of law enforcement
personnel and policies withthe purpose of improving the ability of police personneltocarry
out their duties and to improve the relationship between law enforcement and the
community.

B.
Powers
.
The Boardshall have the jurisdiction to entertain civiliancomplaintswithregardtothe
matters described in 2521(A)(1), to conduct investigations, to conduct public hearings, and to
initiate studies upon request to the board by any member of the public or the Memphis Police
DepartmentorShelbyCountySheriffsDepartment.
1. Intergovermental cooperation.
The Board shall have full discretion to select appropriate
individual incidents to review and broader issues to study whichmay beof concern to the
community or law enforcement. The Board shall, at its discretion, to the best extent
possible, cooperate withand minimize duplication ofeffortbetweentheboardandanyother
existing agencies which have jurisdiction over the same matter. The City and County
Mayor, the City Council, theShelby County Commission, the Memphis Police Department,
the Shelby County Sheriffs Department, and all other responsible officials shallensurethat
all such agencies cooperate to the greatest extent possible in the performance of their
respectiveactivities,studies,andoperations.
2. Access to Records.
In order to accomplish the goals set forth in this Chapter, The Board
shall have fullaccess to relevant police department and correctionspersonnel for interview
andtorelevantdocuments,including,butnotlimitedto,thefollowing:
a. officer personnel files,citizencomplaints,anddeterminationsmadepursuantthereto
department and corrections reviewfiles ethics and accountability files, and the files
of any other internal investigative agency charged with investigating police
misconductincidents

b. Law enforcement paperwork (e.g., documents and otherpaperworkproducedforthe

purposeofinvestigatingsuspectsortoaidintheirprosecution)
c. Informationrelatedtopastassignmentsanddisciplinaryaction
d. Law enforcement directives, and other documents that the board deems relevant to
theissueunderreview
e. All general summaries, statistical compilations, and other internal reports on
shootings, injuries, and complaintsofabuse,training,andanyotherissuesrelatedto
theworkoftheboard
3. Power tocompeldocuments.
All employeesoftheMemphisCityGovernmentandShelby
County Government havean affirmative duty to fully cooperate with the boardby providing
complete, unrestricted, and prompt access to inspect and/or photocopy all department
records including an reports, audits, reviews, plans,projections,documents,files,contracts,
memoranda, correspondence, data or information on audio/video computer tape/disc or
other materials of the Department, including ongoing and inprogress matters that The
Boardrequests.
a. In addition, employees on request of the board, shall be available to meet with and
beinterviewedbytheboardoritsrepresentatives,and/ortotestifybeforetheboard.
b. No Department protocols restricting access to Department records or information
shallbeappliedtotheBoard.
c. When inspecting or photocopying Departmental records or evidence maintained by
the Department, the Board shall follow the same protocols pertaining to
chainofcustody, preservation of the integrity of physical evidence, and
confidentialityapplicabletoDepartmentpersonnel.
d. Upon notificationthatanemployeehasnotcooperatedasrequested,thepolicechief
and/or the employees departmental supervisor shall cause appropriate disciplinary
action to be instituted against the employee within their department, and shall notify
TheBoardoftheoutcomeofsuchaction.
4. Subpoena power.
The Board may exercise subpoena power by a vote of three or more
members, and compel access to orproduction of such materials ortheappearanceofsuch
person as may be relevant to investigate or study or review matters within The Boards
authorityanddiscretion.
a. Failuretocomplywithasubpoenashallbepunishablebyanyorallofthefollowing:
i.
Publiccensure
ii.
Prejudice for hearing purposes, with the Board making all inferences in favor
ofthecomplainant
iii.
Afineofatleast$50,butnomorethan$5,000.
b. Law enforcement personnel who are designated the subject of a related criminal
investigation may elect not to appear until the conclusion of that investigation. The
disposition of such a criminal case is in no way binding on the Civilian Law
EnforcementReviewBoardandinnowaylimitsitsjurisdiction.
5. Recommendations.
The board shall have the power to recommend that the police
director/countysherifftakecertainactions.
a. Theboardmay recommendgeneralreforms(suchaschangesin training,changesin
the preservation of records, changes in counseling available to officers) orspecific
4

actions directed at individual officers (including, but not limited to, hiring, firing,
promotion,demotion,punishment,orcommendation)
b. provided, however, that the Law Enforcement Chiefs shall retain full and ultimate
authority, power, discretion, management prerogatives, and responsibility to set
disciplinary policies ortake other lawful actionstheydeemappropriaterelativetothe
police department and corrections under the provisions of theMemphis and Shelby
CountyCodesofOrdinances.
c. Provided, further, that nothing in this section shall be construed tolimit the rights of
members of law enforcement with respect to disciplinary action, including but not
limited to the right to notice and a hearing, which may be established by any
provision of law orotherwise. Theprovisionsofthissection shallnotbeconstruedto
prevent or hinder the investigation or prosecution of members of thedepartment for
violations of law by any court of competent jurisdiction, a Federal or state Grand
Jury, the United States Attorney for the State of Tennessee, the Shelby County
DistrictAttorney,orotherauthorizedofficer,agency,orbody.

C.
Duties
.
The Board shall have the responsibility for implementing all aspects of this section,
except where duties are explicitlyimposedonotheragenciesbythissection. TheBoardshallhave
the responsibilityofinformingthepublicaboutTheBoardanditsduties. TheBoardshallpublishall
information relevantto these duties on theWebsite. AdditionalDutiesoftheBoardinclude,butare
notlimitedto:
1. Outreach.
TheBoardshalldevelopandadminister anongoingprogramfortheeducationof
the public regarding theprovisionsofthisCode Section. Inaddition,thechiefsofpoliceand
corrections or a designee shall meet with the board periodically toaidin its factgathering
function.Additionally,
2. Recommendations.
The Board, at its discretion, maymake specific recommendations at
any time, andshallissueapublicreportsummarizingitsactivitiesandrecommendationsnot
less than twice a year to the Mayor, City Council, County Commission, Chief of Police,
Shelby County Sheriff's Department, and city ethics officer, and shall make copies of the
reportavailabletothepublicintheClerksoffice,andbypublishingonTheWebsite.
3. Jurisdiction.
Jurisdiction of the board shall extend only to complaints against all law
enforcement personnel with respect to the incidents listed in 2524(A)(a)(i) and (ii) and
defined in 2528(B) of this Chapter. However, once an investigationinto a complaint has
begun, The Board isauthorized to investigate both the incidentprompting the complaint as
well as the surrounding circumstances, including, but not limited to theofficers disciplinary
history, any similar complaints, and any relevant police procedures. No board finding or
recommendation shall be based solely upon an unsworn complaint or statement, nor shall
prior unsubstantiated, unfounded, or withdrawn complaints be the sole basis for any such
findingorrecommendation.
4. Publicationoffindings.
Anexplanationoftheboardscomplaintproceduresshallbemade
to all police and corrections officers in a general order to be includedinthemanualofrules
and procedures ofa law enforcement unit and shall beincluded in the training program for
new corrections and police officers. This explanation shall also be published on the
Website.
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5. Confidentiality and privacy.

The Board shall at all timesmaintain the confidentiality and
anonymity of complainants, victims, witnesses, and their personal identifying information,in
the investigation of complaints and the publication ofitsdecisions. Any civilian member of
the public coming before the Board shall have a right to privacy inallproceedingsandmay
request that any andallinformationpertinenttoacomplaintbekeptconfidential. TheBoard
will take into account the anonymity and circumstances of a complaint when deciding how
muchweighttogivetoit.

Sec.2522.Establishment

A.
Designation
:
There is established a board to be known as the Civilian Law Enforcement
Review Board [the Board],a joint board for oversight of law enforcementas provided by the city
police department and the Shelby County Sheriffs Department. The Boardshallbecomeeffective
in the City of Memphis upon passage bytheCityofMemphis. TheBoardshallbecomeeffectivein
ShelbyCountyuponpassagebyShelbyCounty.

B.
Members.AppointmentTermsTransitionQualificationsTrainingandAttendance
1. Appointment
.
The Board shall consist of 11 members. The 11 members of The Board
shall be appointed as described below. If only the City or County should adopt this
ordinance, that entitys Mayor shall be responsible for all appointments until the second
entitypassestheordinance.
a. 5 members shall be appointed by the City Mayor and approved by the CityCouncil,
andatleastoneoftheseappointmentsshallhaveaJurisDoctordegree.
b. 5 member shall be appointed by the County Mayor and approved by the County
Commission and at least one of these appointments shall have a Juris Doctor
degree.
c. 1 member shall be appointedjointlybytheCityandCountyMayorsandapprovedby
the City Council and County Commission and this appointment shall have a Juris
Doctordegree.
d. Appointments to the The Board may bemade bygeneralpetitiontotheCityCouncil,
City Mayor, County Commission, or County Mayor upon collection of150signatures
of Shelby County residents, provided that the board remain at a maximum of 11
members.

2. Terms
. All initial appointments to fill any vacancies shall be submitted to theCity Council
and/or County Commission within 30 days of the enactment of this chapter. In order to
stagger appointments and improve continuity, of the newly appointed board members, no
morethanfourshallserveaninitialtermoftwoyears,nomorethanfourshallserveaninitial
term of three years, and no more than three shall serve an initial term of four years.
Thereafter, terms in office shall be four years. Initial vacancies shallbefilledintheorderin
which they are listed in 2521(B)(1)(a)(k), and shall be filled in the same manner as the
initialappointmentthereafter.Inallcases,vacanciesshallbefilledwithin180days.
6

3. Transition
.
Any holdover appointments from the previous CLERB shall remain on the
board until the expiration oftheircurrentterm,atwhichpointthevacancyshallbeappointed
inaccordancewiththissection.
4. Qualifications and Training
.
The Board and Staff shall reflect the diversity of the city and
countycommunities,astorace,gender,ethnicity,economicstatus,andsexualorientation.
a. All appointees ofofficialsor organizations of the City of Memphis shallreside in the
CityofMemphis.
b. All appointees of officials or organizations of Shelby County shall reside in Shelby
County
c. AllBoardMembersshall:
i.
Completearidealong
ii.
Civilian/policetrainingcourse
iii.
FamiliarizethemselveswithPolicePolicy/ProcedureManual
d. NoBoardMembershall:
i.
Hold any other public office orhold employmentwiththeCityof Memphisnor
Shelby County, with exception to employees of the Public Defenders office
beingallowedtoserve.
ii.
participate in any investigation in which any of the parties involved are a
familymemberorfriendoftheBoardMember.
5. Compensation.
All members of The Board shall serve without compensation or
considerationofanykindfortheexecutionoftheirduties.
6. Oathofoffice.
MembersofTheBoardshallqualifyandtakethefollowingoath:

I ___________, hereby solemnly swear to uphold the Constitution of the United

States and the state of Tennessee, and the laws and ordinances of the City of
MemphisandShelbyCountywhiledischargingmydutiesasamemberoftheCivilian
Law EnforcementReview Board. Irecognizethatmyuniqueroleasapublicservant
overseeing law enforcement agencies requires me to earn the thetrust of both the
community and law enforcement agencies. I promise to conduct myself in a
professional, fair, and impartial manner to earn that trust. I promise to demonstrate
the highest standards ofpersonal integrity, commitment, truthfulnessandfortitudeto
inspire trust among all stakeholders and to set an example for others. I promise to
avoid conflicts of interest and to conduct investigations, audits, evaluations and
reviews with diligence, objectivity, and fairness and to rigorously test the accuracy
and reliability of information from all sources. At all times, I will place my primary
obligation to the community. I will conduct oversight activities openly and
transparentlyandensurethatcommunityinputisthoughtfullyconsidered.

7. Attendance.
The board shall establish rules and regulations to insure attendance. The
board shall have the power to enforce those rules by sanctioning members up to and
includingremovalfromtheboardwithamajorityvote.
8. Vacancies.
Whenever vacancies arise on the Board, the Mayor responsible forthat seat
shall hold a 90day open application process, whereby applicants may submit general

petitions in writing to the Mayor for consideration of appointment, pursuant to subsection

1(d)ofthissection.

C.
Staffing and Administration
.
Passage of this chapter willcausetobeimplementedthe hiring
of staff. The Board shall be responsible for announcing openings, selecting candidates, and
makingtheultimatedecisiontohire. TheBoardshallstriveto achievediversityinthestaffandshall
avoid conflicts ofinterests. Not staff member shall simultaneously hold anotherpositionintheCity
orCountygovernment.
1. Administrator ($60,000 salary)The Administrator shall be be responsible for receiving
initial complaints, investigating complaints, keeping records, processing information
regarding complaints, reporting to The Board,andthetimelypostingallrequiredinformation
to The Website described in 2521(D). The Board is responsible for hiring the
Administrator.
2. At Least Two Support Persons ($40,000 salary each)The support staff shall be directly
managed by the Administrator and shall be responsible for aiding the Administrator in
carryingoutthefunctionsoutlinedin2521(C)(1).
a. Investigator

Of the two support persons, at least one shall be a licensed

investigatorinthestateofTennessee.
3. Additional Staff
The Administrator shall be responsible for recommending the hiring or
training of new staffin an employment or volunteer capacity. Such recommendationsmust
be approved by a majority of The Board and any increase in funding mustbe approved by
theCityCouncil.
4. Office Space
The Boardshallbeallocatedadequatefundingtomaintainanofficeseparate
anddistinctfromthefacilitiesoftheMemphisPoliceandShelbySheriffDepartments.

D.
Website
.
The Board and The Administrator shall be jointly responsible for the creation and
maintenance of a mobile friendly website. The website shall be independent from the main web
portals of the City of Memphis and of Shelby County. The Administrator shall have a budget of
$5,000 for the establishment of the Website, and an annualbudgetofatleast$500tomaintainthe
Website.TheWebsiteshallbeupdatedatleastmonthlyandshallincludethefollowing:

1. An About Us page describing the Boards mission. This page shall also contain a link to
thisordinanceandanyotherapplicablelaw.
2. A Process page describing, in detail, the options for filing a Complaint, the process by
which Complaints are reviewed, all relevant timing requirements and deadlines, and a
descriptionofallpossibleoutcomes.
3. A Board Members andStaff page listing office location, hours, andphone numberaswell
asthenames,photos,andcontactinformationforallboardmembersandstaff.
4. A File a Complaint page containing an online form which can be used to file a formal
Complaint.
5. A Complaints Reviewed page that lists all Complaints received, and posts the following
informationforeachComplaint:
a. the current stage in proceedings of each Complaint and the time and place of any
hearingsormeetingsconcerningtheinvestigation
8

b. no more than 45 days after the complaint is filed, the completed investigation,
finding,andrecommendationofTheBoard
c. no more than 30 days after the board makes a recommendation, the finding and
explanationofactiontakenbytheChiefofPoliceorCounty.
6. A Board Meetings page that posts all approved minutes from meetings ofThe Board and
liststhetimeandlocationoffutureBoardmeetings.
7. AnyotherpagesorinformationthatTheBoardfindsnecessarytocarryingoutitsmission.

Sec.2523.Filing,InvestigationHearing,andDispositionofComplaints

A.
SubjectMatterofComplaints.
1. The Board will investigate citizen complaints of alleged misconduct by the Memphis
Police Department and Shelby County Sheriffs Department in which alleged misconduct
has not taken placemorethan5yearspriortothecomplaint. TheBoardmayinvestigateall
complaints filed onoraftertheeffectivedateofenactmentofthisChapterandallcomplaints
filedunderthepreviousversionsofCLERB.

2. Citizen complaints alleging police misconduct will be placed into one of the following
categoriesforadministrativeprocessing:
1. Force:

The use or threatened use of improper, unnecessary or excessive force

by a member of the Memphis Police Department or the Shelby County
Sheriff'sDepartment.

2. Arrest:

Therestraintofaperson'slibertywasimproperorunjustified.

3. Entry:

Entry into building or onto property was improper, to include excessive

forcebeingusedagainstpropertyinordertogainentry.

4. Search:

The search of a person or their property was improper, in violation of

establishedpoliceproceduresorunjustified.

5. Harassment: The taking of policeactionwhich was predicated upon factors whichare

irrelevant, under the circumstance, to good law enforcement decision
making.
6. Demeanor:

Improper actions regarding an officer's bearing, gestures, language or

otheractionwhichallegedlyisoffensiveorofdoubtfulsocialpropriety.

7. Other
Allegation of other actions which are in violation of departmental rules,
Procedures: procedures,orpolicies.
8. Service:

Thelackorinadequacyofpoliceservice.

9. Property:

Property lost or damaged while in police custody or confiscated through

policeaction.

10. Policy:

Allegationofinadequateorimproperdepartmentpolicy.

3. The board, on its own motion, will investigate cases involving useof deadly forceand
incidentsresultinginthedeathorseriousbodilyinjuryofpersonsinpolicecustody.

B.
Filing Complaints. Complaints shall befiled on an authorized complaint form no laterthan 5
yearsfollowingthedateoftheallegedinfraction.
1. The Board shall insurethattheproceduresforallmethods offilingacomplaintareclearand
easy to follow andthatan initial complaint can be filed at anytimebyphoneoronline. The
Boardshallprovideassistancetoanyoneseekingguidanceonthefilingofacomplaint.
2. Complaints may be made to the officers precinct, but will no longer be investigated atthe
precinct level. All complaints filed at the precinct will be forwarded to Internal Affairs and
10

CLERB for review. Additionally complaints may be filedattheInternalAffairsoffice,CLERB

offices, or at any other authorized CLERB complaint center. Complaints may be made 24
hoursadaybytelephone,email,fax,throughanonlineform,oronapaperform.6
3. All complaints, from whatever source,will be immediately forwarded to the CLERB offices.
The complaint and hard copies of all information relevant to the investigation shall be
maintained in a single master file. Internal Affairs shall provide CLERB with copies of all
their investigative documents, and CLERB shall incorporate these into the master file. The
complainantshallhaveaccesstocopiesofthemasterfile.
4. Complaints filed at any source will receive a reply from Internal Affairs within 45 days of
complaintbeingfiled.
5. The Board shall cause a full and complete investigation to be made of each complaint, but
may delay investigation for incidents currently the subject of criminal proceedings. There
shallbenochargeorfeeassociatedwithfilingacomplaint.

C.
ComplaintProcedure.
OnceaComplainthasbeenmade:
1. Preliminary review.
The staff of The Board shall forward a copy of the complaintto the
Internal Affairs Departments of MPD and SCSO and conduct a preliminary review of the
complaint within 7 daysof the receiptofthecomplaint. InternalAffairsshallprovideCLERB
withregularupdatesregardingtheirinvestigationofacomplaint.
2. Receipt of complaint.
Within 14 days of receipt of the complaint, and after a preliminary
review, the staff of the Board shall acknowledge receipt of the complaint by publishing the
following informationonTheWebsite,andprovidingsameinformationbywrittenlettertothe
complainant. Thestaffoftheboardshallpromptlynotifythecomplainantofsuchpublishing.
Thefollowinginformationmustbeincludedinthepublication:
a. thedate(s)thatthecomplaintwasreceivedandreviewed
b. theuniquecomplaintnumberassociatedwiththematter
c. the date, time, and location of The Board meeting where the staff will make a
preliminary recommendation, and an invitation to the complainant to be present
duringthatmeeting.
3. Notice of investigation.
Within 45 days of receipt of thecomplaint, but no less than one
week after publication in accordance with 2525(B)(2
)
, The Board shall voteas to whether
or not to investigate the allegations. By majority vote, the board may decide to investigate
the complaint, to dismiss thecomplaint as unfounded, or to postpone investigation untilthe
completion of a criminal proceeding. The complainant shall be informedoftheirrighttobe
present and make a statement before The Board votes. The Boards decision should be
accompanied by a brief explanation and published to the Website. If the board votes to
postpone investigation, they shall keep the complainant updated on a regular basis
concerningthetimelineofrelevantproceedings.
4. Investigations by Staff.
If a majority ofThe Board votes in favorofinvestigation,thenthe
staff of The Board shall cause a full and complete investigation to be made. At the
6

CitizenComplaintProcess,SpecialInvestigation,December11,2008CityAuditor,ElizabethC.Moore,CFE,
CGFM

11

complainants request or the boards discretion the investigation shall include a hearing in
accordancewith2525(C).Theboardshallhave90daystocompletetheirinvestigation.
5. Recommendations.
Within 30 days of after the conclusion of an investigation, The Board
shall issue a final recommendation letter to the ChiefofPolice/Sheriff,andshallpublishthis
letter on the Website. Recommendations shall be made in accordancewith 2525(F). The
Board shall inform the complainant and the Chief of Police of the publication and shall
provide each with a copy of the recommendation. The final recommendation letter shall
include:
a. Asummaryofthefactualcircumstancessurroundingthecomplaint.
b. A summary of the process The Board and their staff used to initiate the
investigation, including the dates of any meetings of The Board in which the
matterwasdiscussedorvotedon.
c. Asummaryoftheinvestigation.
d. Aformalfindingandexplanationofhowthisfindingwasreached.
e. A formal recommendation and explanation of why this recommendedcourse
ofactionisappropriate.
6. Within 30 days ofreceivingThe Boards final recommendation letter, the Chief of Police or
Sheriff (as appropriate) shall respond to The Boards recommendation letter. The board
shall promptly publish the Chiefsresponse on The Website, with redactions appropriate to
protectcomplainantsprivacy.Theresponseshallinclude:
a. Anexplanationoftheaction,ifany,takenbytheChief.
b. An explanation ofthe basis for The Chiefs alternative findingoffact,ifdifferentthan
theBoards.
c. An explanation of the basis for the Chiefs alternative action, if different than the
Boardsrecommendation.

D. Hearings
.
IfThe Boarddecidesahearingisrequired toreach aproperoutcomeinanindividual
case,notificationofsuchhearingtoallinterestedpartiesshallbemadeatleasttwoweeksprior.
a. By appointment of the Chair or by concurrence of three or more members,
threemember panels may be established by the Board for purposes of conducting
hearings andinvestigations. At least one licensed attorney shallsiton every panel.
Recommendations and findingsbythreememberpanelsmaybeappealedtospecial
meetingsofthefullBoard.
b. Hearings shall beinformal and strictrules ofevidenceshall notbeapplied. Findings
of fact shall be supported by a preponderance of the evidence. Testimony under
oathshallbereceivedfromallpersonswhoarecalledbycomplainantoraccused.
c. At The Boards discretion, theymay also require that any person with knowledgeof
the incident appear at a Board Hearing the complainantandthe accused may also
request that the Board subpoenaanywitnessto beheardontheirbehalf. Theboard
may compel such appearance by exercising their subpoena power in accordance
with2521(B)(5).
d. A record shall be kept of the meeting minutes and shall be made available on the
Website, except when confidential matters require that the published record be

12

redacted. A full, nonredacted record of all meetings must be maintained in the

CLERBoffice.
e. All hearings shall be open to the public, except when, in the opinion of the board,
Executive Sessions or matters required to be confidential by law, necessitate
closure. Complainants have theright to be presentat MPDdisciplinaryhearingsand
CLERB hearings of officer(s) whom the complaint is filed against. The complainant
shall be notified of any such hearings at least one week in advance by both paper
mailandphone.
f. Detailed meeting minutes shall be maintained and made available to the public by
publicationontheWebsite.
g. At the conclusion of thepublichearing,The Board willadjournandmeetinexecutive
session.Attheconclusionofthissession,decisionsreached duringthismeetingmay
be made public.In any event, decisions reached duringthis sessionwillbereported
inthemeetingminutesdistributedduringthenextpublicmeeting.

E.
Dispositions.
TheBoardshouldplaceallcomplaintsintooneofthefollowingcategories:
1. NotSustained
Whentheallegedconductisnotsupportedbysufficientevidence.
2. Unfounded
Whentheallegedconductisfoundlikelynottohaveoccurred.
3. Exonerated
Whentheallegedconductlikelyoccurredbutviolatednoruleorlaw.
4. Sustained
When the alleged conduct likely occurred, violated a rule or law,andwarrants
disciplinaryaction.

F.
Recommendations
. The board may recommend that no action be taken on a complaint,
recommend rule changes, or recommend to the police director, the Mayor,CityCouncilandsheriff
that specific disciplinary orotherremedialactionbetaken. All recommendationsshallbepublished
onTheWebsite.
1. Policy Changes.
In the event that the Board decides the complaint or an underlying factor
should be resolved by amendment of rules and/or policy, the board shall submit its
recommendations to the police director or sheriff and notify the complainant of the
disposition of hisor hercase. Within 30 days of of receipt oftheBoardsrecommendation,
the Chief of Police/Sheriff shall notify the Board in writing of the the actions he or she
proposestotakeinresponsetotherecommendations.
2. Disciplinary Action.
In the event that the Board determines thatdisciplinaryactionshould
be taken, the board shallsubmit its recommendationsto thepolicedirectororsheriff.Within
30 days after receipt of the Board's recommendation, the Chief of Police/Sheriff will notify
the board in writing of thedisciplinary actions he or she proposes to take in response toits
recommendations.

G.
Relationship with Internal Affairs
.
The Board may conduct investigations and hearings
concurrently with Internal Affairs processes. Internal Affairs shall provide The Board withany and
all information requested by The Board or its staff within a reasonable timefollowing the request.
Additionally, Internal Affair shall keep The Board informed of their own investigations and shall
provide the Board with reasonable notice of and access to all interviews,hearings, and any other
proceduraleventsthatrelatetoanyofficerwhoisthesubjectofacomplaint.
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H.
Finality of Boards Findings
. All of the Boards recommendations shall be considered final.
However, if new facts come to light or conditions otherwise change that are likely to materially
change the outcomeof an investigation, the boardmay,atitsdiscretion,allowacomplainanttofile
anamendedcomplaintandmayinvestigatethematteranew.

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Sec.2524.BoardMeetings,Officers,andBylaws

A.
Meetings
. Meetings of the Board shall be held at the call of the chairperson atsuch time and
place the Board shalldecide. Alternativelyandintheabsenceofthechairperson,meetingsmaybe
calledbyaquorumofTheBoard.
1.
Frequency. The Board shall meet at least once per month during the first year after
enactment and atleast once per quarter thereafter. Meeting frequencyand duration will be
determinedbythecaseload.
2. Open meetings.
Meetings and hearings will be open to the public with proper public
notification, including publication on the Website of the date, time, and location of the
meeting at least one week prior. The Board may, however, meet in Except for Executive
Sessions to protect confidential information or sensitive testimony, matters required to be
confidential by law, or in order to preserve hearings detailed meeting minutes shall be
maintainedandmadeavailabletothepublicbypublicationonTheWebsite.
3. Special meetings and threemember panels. On the concurrence by three members of
the board and/or theChairperson, special meetings may becalled. Suchmeetingsshallbe
open to the public, and proper notification shall be issued at least one week prior by
publishingthedate,timeandlocationofthemeetingontheWebsite.
4. Majority Requirement.
Allrulings,recommendations,decisions,modifications,or revisions
must be approved by at least a majority of the members of the board. All references to
majorityinthischaptermeanthemajorityofboardmemberspresentatameeting.
5. Quorum.
At least 5 members of the entire board shall constitute a quorum for the
transactionofbusiness.
6. Records
.
The board shall cause a proper record to be kept of its proceedings. Meeting
minutes shall be published to The Website no more than 45 days after the meeting is
adjourned and shall include the presence or absence of all members, the topics covered
during the meeting, the final disposition of each case,andthevoteorfailuretovoteofeach
member.
7. Agenda. Members of the Board will be provided with an agenda which identifies matters
before the board the week prior to the public hearing date. All meetings shall follow a
routineagendawhichincludesthefollowingcomponents:
a. Calltoorder,rollcall
b. Acceptanceofagenda
c. Approvalofpreviousmeetingminutes
d. Approvalofadministrativematters
e. Deliberationofindividualcases,includinghearingswherenecessary
i.
Following each case, The Board may meet in executive session to reach
decisionsregardingthecase
f. Announcementofdecisions,ifany
g. Executivesessiontoreviewcasesandsettheagendaforthefollowingmeeting.

B.
Officers.
The membership of The Board shall meet once each year for an organizational
meeting to elect officers. Officers shall be published on the Website. The first organizational
meeting shall takeplace as soon as practicable after the enactment ofthisChapter,andshalltake
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place annually thereafter. Electedofficersshallserveoneyeartermsfromthetimeoftheirelection

attheorganizationalmeeting.ThemembershipofTheBoardshallelectthefollowingofficers:
1. Chairperson.
The Board shall designate one of its members as Chairperson. The
Chairperson may succeed himself or herself in office for no more than one term. The
Chairpersonshallhavethefollowingduties:
a. The Chairpersonshall be responsible for calling meetings to order,settingagendas,
andgenerallyensuringtheefficientfunctioningofTheBoard.
b. The Chairperson shall be primarily responsible for keeping the Mayor, the Council,
theCommission,andthepublicinformedaboutactivitiesofTheBoard.
c. TheChairpersonmayadministeroathstoallthosegivingtestimony.
d. All persons wishing to be heard in any matter before the board must first be
recognizedbyaboardmember.
e. With the approval of the board the chairperson may place an investigation on
pending/activeorpending/inactivestatusandmaygrantcontinuances.
f. With a majority vote of the board, the chairperson may declare a recess of board
proceedingsatanytime.
g. In the event that the chairperson is absent from a board meeting, the Vice
ChairpersonshallhavefullpowersoftheChairperson.
h. In the event that the Secretary is absent, the Chairperson shall appoint another
boardmembertoactasSecretaryforthatmeeting.
2. ViceChairperson
. The Board shall designate one of its members as ViceChairperson.
TheViceChairpersonshallhavethefollowingduties:
a. The ViceChairperson shall aid the Chairperson in all of their dutiesandshall have
full powers of the Chairperson in the event that the Chairperson is absent from a
boardmeeting.
3. Secretary. The Board shall designate one of its members as Secretary. The Secretary
shallhavethefollowingduties:
a. Takingrollcallatthestartofeachmeeting
b. RecordingthevotesofmembersforeachdecisionofTheBoard
c. Recording meeting minutes and sharing them with the Staff for publication on The
Website.
d. The Secretary shall aide the Chairperson and ViceChairperson in all of their duties
and shall have fullpowers of the Chairperson in the eventthatboththeChairperson
orViceChairpersonareabsentfromaboardmeeting.

C.
Bylaws
. The Board may,asitdeemsnecessary,adoptandimplementbylawsfortheexecution
and enforcement of theseprovisions. Bylaws may be adoptedandamendedbymajorityvoteof
Boardmeetings.BylawsshallbepublishedontheWebsite.

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Sec.2525.PublicInformation,PeriodicReportsandAnalysis

A.
Information Requests.
All requestsforinformationshallbereferredtotheBoardforreviewand
appropriateresponse.

B.
Confidentiality of Information.
Subjecttothe requirementsoflaw,allBoardinformation,files,
computer files, and related data are to beconsideredconfidentialinnatureandnotreleasedtoany
individual or agency without the expressed consent of the Board. Any person aggrieved by a
determination oftheBoardconcerningthe releaseofinformationmayrequestthattheBoardreview
and reconsider the decision. All such requests shall be in writingandmust identifywith specificity
theinformationsought.

C.
Reports.
The Board shall produce quarterly and annual reports and statisticalanalysis to be
forwarded to the CityandCountyMayors,theCityCouncil,the CountyCommission,andtheChiefs
of Police/Sheriff. These reports shall include a statistical and narrative analysis of all cases heard
bytheboard.ThesereportsshallalsobepublishedontheWebsite.

D.
Operational Reports
. Upon request of the City or County Mayors, City Council, County
Commission, ortheChiefsofPolice/Sheriff,specialreportsmaybeproducedregardinganyfacetof
the Boards operations. Theserequests and the reports produced in response shall be published
ontheWebsite.

E
Disciplinary Proceedings. Members of CLERB and complainant(s) have the option to be
present at MPD and CLERB disciplinary hearings of officers, and will be notified of any such
hearingsinatimelymanner.

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